Election Notice:  Election Night Returns
EFFECTIVE SEPTEMBER 1, 2023, OUR LOBBY WALK-IN HOURS WILL BE 9 A.M. - 4 P.M. (CENTRAL), MONDAY - FRIDAY.

Election Advisory No. 2017-17

To: County Election Officers and City, School and Other Political Subdivision Officials
From: Keith Ingram, Director of Elections
 Keith Ingram's signature
Date: October 20, 2017

RE:

Updates to Voting System Procedures – Precinct Ballot Counters and Central Accumulators

As a result of recent legislation and amendments to the Texas Administrative Code, there several new voting system procedures and policies. This advisory will discuss each of those changes and provide guidance on implementing those changes.

The changes discussed include:

  1. Revisions to Texas  Administrative Code
    1. Rule 81.52
    2. Rule 81.62
  2. New Procedures for the use of Precinct Ballot Counters.
    1. Testing Requirements
    2. Establishing a Central Counting Station
  3. Early Voting by Personal Appearance – Precinct Ballot Counter Procedures
    1. Counting by Early Voting Ballot Board
    2. Counting by Central Counting Station
  4. Early Voting by Mail Ballots –Precinct Ballot Counter Procedures
  5. Election Day Ballots – Precinct Ballot Counter Procedures
    1. Precinct Returns Completed at Polling Place
    2. Precinct Returns Completed at Central Counting Station
  6. Ballot Box Capacity Emergencies

1. Revisions to Texas Administrative Code

On June 28, 2017, the Office of the Secretary of State received a petition requesting changes to certain Texas Administrative Code rules related to the requirement that a continuous feed (dot matrix) printer must be attached to all precinct ballot counters during early voting (1 T.A.C. § 81.52) and attached to all central accumulators (1 T.A.C. §81.62). The proposed rules also created a procedure by which a poll watcher can request printed copies of the audit logs contained in the Election Management System’s central accumulator on election night while the central counting station is convened and tabulating election results.

1 T.A.C. § 81.52 – Precinct Ballot Counters

Previously, under 1 T.A.C. § 81.52(h), if a precinct ballot counter was to be used during early voting by personal appearance, a continuous feed audit log printer was required to remain attached to the precinct ballot counter throughout the early voting period.  As of September 28, 2017, the requirement for this continuous feed audit log printer was repealed from the Texas Administrative Code. Therefore, precinct ballot counters can now be used for early voting by personal appearance provided that certain procedures are followed.

All precinct ballot counters certified for use in Texas election maintain internal audit logs. This is a requirement under both the state and federal certification process and will remain in place. Precinct ballot counters used during early voting must be secured to prevent tampering in accordance with procedures provided in 1 T.A.C § 81.52 and procedures outlined in this advisory. 

1 T.A.C. § 81.62 – Audit Logs for an Election Management System’s Central Accumulator

Under 1 T.A.C. § 81.62, a central accumulator is defined as the part of an Election Management System that tabulates and/or consolidates the vote totals for multiple precincts/devices. Currently, all central accumulators are required to have a continuous feed audit log printer. As a result of the petition-initiated rule change, this requirement for the continuous feed audit log printer will be repealed effective November 7, 2017.  

All central accumulators certified for use in Texas election maintain internal audit logs. This is a requirement under both the state and federal certification process and will remain in place. Any audit log produced by a central accumulator is an election record and must be retained for the proper preservation period.    

In addition to eliminating the requirement for the continuous feed printer, the changes to 1 T.A.C. § 81.62 require a full audit log to be printed after the tabulation of results is completed on election night, and provide a procedure for poll watchers to gain access to these audit logs during the tabulation process.

1 T.A.C. § 81.62(g) provides that a poll watcher may request a printed copy of an audit log produced by a central accumulator:

  1. Before any votes are tabulated,
  2. After early voting results are tabulated, and
  3. Immediately following the completion of the vote tabulation.

Once a request for a report has been made, the central counting station manager or tabulation supervisor is required to print a copy of the audit log at the required time and make a copy of it available to any and all poll watchers that have requested a copy of the audit log. You do not need to print an official audit log separately for multiple requestors. Once a copy is printed, it can be copied and provided to the different requestors. Additionally, if you anticipate receiving these requests, we would suggest you provide for the printing of these audit logs in your central counting station plan. 

2. New Procedures for the use of Precinct Ballot Counters

The changes to Sections 81.52 and 81.62 of the Texas Administrative Code have the immediate effect of allowing precinct ballot counters to be used in additional ways to efficiently and accurately count ballots. As a result of the changes, precinct ballot counters can now also be used as central accumulators, allowing for their use by the early voting ballot board or at a central counting station. The Secretary of State has provided the following procedures to ensure the proper use of precinct ballot counters when used for counting early voting in person ballots, election day ballots, and by mail ballots:

  1. Testing Requirements

    Acceptance Testing
    Acceptance testing must be done on the precinct ballot counters when they are first delivered by the vendors. The acceptance testing includes verification that the system delivered is certified by the Secretary of State, a hardware diagnostic test, and a logic and accuracy (L&A) test simulating a mock election. See Election Advisory No. 2014-06.

    Pre-Election Testing
    Like central counting station tabulators, precinct ballot counters must be tested in accordance with Subchapter D of Chapter 127 of the Texas Election Code, to the extent those procedures can be made applicable to the devices.  This means you have to conduct the first required test of the tabulation equipment. The Secretary of State has determined that it is not feasible to conduct a second and third tabulation test in the case of precinct ballot counters.  (Section 127.152 of the Texas Election Code; Election Advisory No. 2014-06). In addition to the requirements for the testing of the tabulation equipment, precinct ballot counters must also be included in pre-election testing including the L&A test and the hardware diagnostic test. 

    Post-Election Testing
    After each election, precinct ballot counters are subject to a post-election audit, known as the partial manual count. The directions for a partial manual count may be found in Section 127.201 of the Texas Election Code and in subsequent communications from the SOS related to each election.

  2. Establishing a Central Counting Station

    When an entity decides to use a precinct ballot counter for the counting of their early voting or election day ballots, they must decide whether they will have a traditional polling place set up or establish a central counting station.  

    In a traditional polling place set-up, precinct returns are generated at each precinct polling place and early voting in person ballots and early voting by mail ballots are counted by the early voting ballot board. The returns are then delivered to the General Custodian of election records and the unofficial tabulation of election results is generated in accordance with Section 66.056 of the Texas Election Code.

    In a central counting station set-up, the authority ordering the election must create a central counting station and appoint a central counting station manager, tabulation supervisor, and presiding judge. The central counting station counts all early voting by mail ballots. The precinct records, voted ballots, and electronic media from the precinct ballot counters used for early voting in person and election day would be delivered to the central counting station where the electronic media would be read in a central accumulator. The central counting station would be responsible for creating both precinct returns and the unofficial tabulation of election results in accordance with Section 66.056 of the Texas Election Code.
    Even if your entity has decided to use a traditional polling place set-up, you are still required to establish a central counting station and appoint the required personnel, in case there are discrepancies of four or more in your ballot totals under Section 127.156 of the Election Code or two or more irregularly marked ballots under Section 127.157 of the Texas Election Code. This central counting station is not required to convene unless it is necessary under Section 127.156 and Section 127.157 of the Election Code. They are on “stand by” in case one of those scenarios requires your ballots be counted at the central counting station. If you do not have individuals you can appoint to these positions, the SOS recommends that you appoint your early voting ballot board presiding judge and clerks as central counting station personnel as these individuals will have experience and knowledge of counting procedures.

3. Early Voting by Personal Appearance - Precinct Ballot Counter Procedures

1 T.A.C. § 81.52, certain provisions of the Texas Election Code and this advisory provide procedures on how to use precinct ballot counters for early voting in person. 

  1. General Requirements
    1. Precinct ballot counters used during early voting may not be used for voting on election day. You are prohibited under Texas law from counting your ballots (printing results tapes) until the polls open on election day or the when the ballot have been delivered to the early voting ballot board or central counting station for counting, whichever is applicable to your election (Sec. 87.0241, Texas Election Code).
    2. In accordance with Section 85.032 of the Texas Election Code, the ballot box connected to a precinct ballot counter that is used during early voting by personal appearance must have two locks, each with a different key, and must be designed and constructed so that the box can be sealed to detect an unauthorized opening of the box.
    3. The precinct ballot counter must have the capability of being sealed to prevent any unauthorized deposit of ballots in the box.
  2. At the Early Voting Location
    1. The early voting clerk or deputy early voting clerk at each early voting location shall inspect the precinct ballot counter to ensure that all locks and seals are properly affixed to the precinct ballot counter.
    2. Immediately prior to the opening of the polls on the first day of early voting by personal appearance, a zero tape shall be run. If the tape properly reads "0" for all candidates and propositions, voting may begin. (1 T.A.C. § 81.52)
    3. At the close of each day's voting, the presiding judge shall print a report showing the total number of ballots cast on the precinct ballot counter through that day (the “daily ballot count report”).
      1. Alternate Procedure for ES&S M100:
        1. If the precinct ballot counter is not capable of printing reports that show the total number of ballots cast on the device during the early voting period, the early voting officials at each early voting location shall complete a daily ballot count report by reviewing the public counter on each precinct ballot counter at the beginning of each day of voting and at the end of each day of voting and noting the public count from each reading on the form.
        2. This report will indicate how many ballots were cast on the precinct ballot counter at the start of early voting and at the close of voting each day during the early voting period.
        3. This report must be signed by at least two early voting officials every time an entry is made on the form. If poll watchers are present, they must be permitted to sign the form.
    4. The precinct ballot counter's doors must be locked and sealed with a numbered paper seal. The precinct ballot counter must be unplugged and secured for the evening. (1 T.A.C. § 81.52)

      NOTE:   A numbered paper seal is the minimum requirement or securing the precinct ballot counter’s door. Some precinct ballot counters will provide slots for more sophisticated tamper-evident or tamper-resistant seals.   If a stronger, more secure numbered seal can be used, this will meet the security requirements outlined in the rule.

    5. Prior to voting on each day of the period, the precinct ballot counter must be plugged back in and a tape (report) run to indicate that the counter has not been disturbed since the previous day's voting and that voting may continue. (1 T.A.C. § 81.52)
    6. At the conclusion of early voting by personal appearance, the precinct ballot counter shall be locked, sealed, and secured by the Early Voting Clerk until Election Day (1 T.A.C. § 81.52)
    7. The precinct ballot counter, electronic media, voted ballots, and election records shall be secured and transferred to the General Custodian of Election records (if different from the Early Voting Clerk) until election day or the time for counting ballots under Section 87.0241 of the Texas Election Code. 

  1. Counting by Early Voting Ballot Board

  1. For each meeting of the early voting ballot board meeting that involves the breaking of seals and running of totals, the early voting clerk shall place a notice in the same place and same manner as any other required notices posted in accordance with Section 87.023 of the Texas Election Code.  (1 T.A.C. § 81.52)
  2. At the proper time designated for tabulation, the presiding judge of the early voting ballot board must inspect the precinct ballot counter to determine whether the seals are intact and that they match the serial numbers listed on the ballot and seal certificate. (1 T.A.C. § 81.52)
  3. The audit log must also be inspected by the presiding judge of the early voting ballot board to determine that there has been no unauthorized access to the precinct ballot counter. (1 T.A.C. § 81.52)
    1. Alternate Procedure for Hart Verity Scan and HVS eScan, and ES&S M100:
      1. If the device is not capable of printing an audit log without breaking the seals, the presiding judge shall compare the daily ballot count reports to determine whether or not there has been any unauthorized access to the precinct ballot counter.
  4. If the seal is not intact, the early voting results may not be used and the early voting ballots must be re-counted either manually or with a different tabulation device, if available. (1 T.A.C. § 81.52)
  5. If the audit log (or daily ballot count reports, if applicable) indicate unauthorized activity, the early voting results may not be used and the early voting ballots must be re-counted using the standard election day procedures. (1 T.A.C. § 81.52)
  6. If the seal is intact and the log (or daily ballot count reports, if applicable) appear(s) in order, the seal should be broken and the ballots removed to a separate container.  The electronic media should be removed and transferred to the accumulator, if applicable. (1 T.A.C. § 81.52)
  7. The polls are closed on the counter and a "totals" printout is printed. The judge shall print out three copies of the results tape or results report, whichever is applicable, unless instructed to print more by the general custodian of election records.  (1 T.A.C. § 81.52)
  8. The presiding judge of the early voting ballot board shall prepare early voting precinct returns using the printed results tapes or reports, and any tally sheets used for the manual counting of write-in votes, if applicable. 
  9. The early voting results, electronic media, voted ballots, and any other associated records shall be transferred to the general custodian of election records.
  10. If a full audit log was not previously printed, a full audit log from the device must be printed and maintained with the precinct election records.
  11. The audit log shall be preserved for six months after election day, or 22 months following election day in an election involving a federal office, for elections taking place prior to December 1, 2017.  For elections taking place on or after December 1, 2017, the audit log shall be preserved for 22 months following election day for all elections (See 65.058, Texas Election Code; 66.058(a), Texas Election Code (as amended by SB 5 (85th  1st Special Session))
  12. Any deviation from this procedure must be approved in writing by the Secretary of State. (1 T.A.C. § 81.52)

  13. Counting by Central Counting Station

  1. The early voting clerk shall place a notice of the hour and location of the convening of the central counting station, in the same manner as any other required notices posted in accordance with the Texas Election Code. 
  2. At the proper time designated for tabulation, the presiding judge of the central counting station must inspect the precinct ballot counter to determine whether the seals are intact and that they match the serial numbers listed on the ballot and seal certificate. (1 T.A.C. § 81.52)
  3. The audit log must also be inspected by the presiding judge of the central counting station to determine that there has been no unauthorized access to the precinct ballot counter. (1 T.A.C. § 81.52)
    1. Alternate Procedure for Hart Verity Scan and HVS eScan and ES&S M100:
      1. If the device is not capable of printing an audit log without breaking the seals, the presiding judge shall compare the daily ballot count reports to determine whether or not there has been any unauthorized access to the precinct ballot counter.
  4. If the seal is not intact, the early voting results may not be used and the early voting ballots must be re-counted either manually or with a different tabulation device, if available. (1 T.A.C. § 81.52)
  5. If the audit log (or daily ballot count reports, if applicable) indicates unauthorized activity, the early voting results may not be used and the early voting ballots must be re-counted using the standard election day procedure.( 1 T.A.C. § 81.52)
  6. If the seal is intact and the audit log (or daily ballot count reports, if applicable) appears in order, the seal should be broken and the ballots removed to a separate container. The electronic media should be removed and transferred to the accumulator. (1 T.A.C. § 81.52)
  7. The polls are closed on the counter, and a "totals" printout is printed. The judge shall print out three copies of the results tape or results report, whichever is applicable, unless instructed to print more by the general custodian of election records.  (1 T.A.C. § 81.52)
  8. The number of ballots recorded on the ballot and seal certificate shall be compared to the number of ballots listed on the results tape or results report, whichever is applicable. If a discrepancy of four or more exists, the official tabulation of the ballots shall be conducted at a central counting station in accordance with § 127.156 of the Texas Election Code.
  9. The counted ballots shall be removed from the precinct ballot counter and examined for irregularly marked ballots for processing in accordance with §127.157(b) - (e) of the Texas Election Code. If there are two or more irregularly marked ballots that must be reconciled, the official tabulation of the ballots shall be conducted at a central counting station in accordance with § 127.157(c).
  10. If there is no discrepancy of four or more in ballot totals and not more than two or more irregularly marked ballots that must be reconciled, the electronic media contained in the precinct ballot counter shall be given to the presiding judge for accumulation of early voting results. The printed results shall be maintained with the election records for that election.
  11. If a full audit log was not previously printed, a full audit log from the device must be printed and maintained with the precinct election records.
  12. The audit log shall be preserved for six months after election day, or 22 months following election day in an election involving a federal office, for elections taking place prior to December 1, 2017.  For elections taking place on or after December 1, 2017, the audit log shall be preserved for 22 months following election day for all elections (See 65.058, Texas Election Code; 66.058(a), Texas Election Code  (as amended by SB 5 (85th  1st Special Session))
  13. Any deviation from this procedure must be approved in writing by the Secretary of State. (1 T.A.C. § 81.52)

4. Early Voting by Mail Ballots – Counting on a Precinct Ballot Counter

Early voting by mail ballots may be counted on a precinct ballot counter. If you have a separate precinct ballot counter used exclusively for by mail ballots, you will need to follow the same steps you would follow for the counting of ballots as you would if you were using a central scanner as the precinct ballot counter. If you would like to use the same precinct ballot counter that was used to count your early voting in person ballots, the procedures below must be followed.

  1. If a precinct ballot counter was used during early voting by personal appearance, the same precinct ballot counter can be used to count early voting ballots by mail.   The following requirements must be met:
    1. All appropriate documentation including rosters and voting history must be maintained separately for early voting ballots cast by mail and early voting ballots cast in person.
    2. The presiding judge of the central counting station or presiding judge of the early voting ballot board, (if the central counting station is not convened), whichever is applicable, shall print a report that shows no unauthorized ballots were cast on the precinct ballot counter after the close of early voting by personal appearance. The report shall show that the total number of ballots from early voting in person is equal to the number of ballots cast on the machine.
    3. The presiding judge of the central counting station or presiding judge of the early voting ballot board, whichever is applicable, shall remove from the precinct ballot counter the voted ballots from early voting in person and place them in a secure container.
    4. The presiding judge of the central counting station or presiding judge of the early voting ballot board, whichever is applicable, shall scan the early voting by mail ballots that were accepted for counting.
    5. Upon completion of the scanning, the early voting by mail ballots shall be removed from the precinct ballot counter, and shall be placed in a secure container.
    6. The early voting in person ballots and the early voting by mail ballots may be stored in the same container, but must be maintained separately within that container.
  2. The presiding judge of the central counting station or the presiding judge of the early voting ballot board, whichever is applicable, shall record the total number of early voting by mail ballots that were run through the precinct ballot scanner on the ballot and seal certificate.
  3. The presiding judge of the central counting station or the presiding judge of the early voting ballot board, whichever is applicable, shall print two copies of the results tape or results report, whichever is applicable, unless instructed to print more by the general custodian of election records.
  4. The presiding judge of the central counting station or the presiding judge of the early voting ballot board, whichever is applicable, shall verify that the total number of ballots scanned on the precinct ballot counter is equal to the sum of the total number of ballots scanned from early voting by personal appearance at that location and the total number of early voting by mail ballots scanned on the precinct ballot counter.
  5. Upon completion of the verification of ballot numbers, the presiding judge of the central counting station or the presiding judge of the early voting ballot board, whichever is applicable, shall follow the same steps required for counting ballots by the early voting ballot board or central counting station as applicable.
  6. Any deviation from this procedure must be approved in writing by the Secretary of State.

5. Election Day Ballots - Precinct Ballot Counter Procedures

In addition to the procedures outlined in Section 81.52 of the Texas Administrative Code, these are the procedures that should be followed on election day when using a precinct ballot counter in a polling place. 

  1. Immediately prior to the opening of the polls, the election judge shall inspect the precinct ballot counter to ensure that all locks and seals are properly affixed to the precinct ballot counter.
  2. The election judge shall verify and document the serial numbers of the equipment in use at that polling place.
  3. The election judge shall run a report that shows that zero ballots have been cast on the precinct ballot counter. If the tape properly reads “0” for all candidates and propositions, voting shall begin.
  4. After the polls close or the last voter has voted, whichever is later, the election judge must secure the precinct ballot counter so that no additional ballots can be deposited in to the precinct ballot counter.
  5. The election judge must close or suspend the polls, whichever is applicable to that system, on the precinct ballot counter and print three copies of the results tape or results report, whichever is applicable.
  6. The election judge shall compare the number of ballots recorded on the ballot and seal certificate to the number of ballots listed on the results tape. If a discrepancy of four or more exists, or there are two or more irregularly marked ballots, the official tabulation of the ballots shall be conducted at a central counting station in accordance with 127.157(b)-(e) of the Texas Election Code. (See Section 5b of this Advisory, Election Day Ballots --- Precincts Completed at the Central Counting Station).
  7. If no ballots need to be sent to the Central Counting Station, then election judge can continue to process results in the polling place. (See Section 5a of this Advisory, Election Day Ballots – Precinct Returns Completed at the Polling Place).

  1. Election Day Ballots -- Precinct Returns Completed at the Polling Place.

    These procedures should be followed if the political subdivision does NOT intend to be completing their final tabulation at a central counting station.
  1. After the results tapes have been printed, the counted ballots shall be removed from the precinct ballot counter and examined for irregularly marked ballots for processing in accordance with Section 127.156 of the Texas Election Code.
  2.  If there are two or more irregularly marked ballots that were improperly tabulated because of the irregular marks, the ballots shall be separated from the ballots that were properly marked and all of the ballots shall be delivered to a central counting station.
  3. If there is no discrepancy in ballot totals and no irregularly marked ballots, the election official shall review the write-in votes, if any, in accordance with Section 65.008 of the Texas Election Code.
  4. The election judge shall then prepare the precinct returns from the results tape printed, and if applicable, from the write-in votes hand tallied by the precinct election judges and clerks.
  5. The precinct returns, voted ballots, electronic media from the precinct ballot counter, precinct election records, and the remaining supplies shall be delivered to the general custodian of election records, immediately after the precinct returns are completed in accordance with Section 66.053 of the Texas Election Code.
  6. The custodian shall prepare unofficial tabulation of election results in accordance with Section 66.056 of the Texas Election Code.

  1. Election Day Ballots -- Precinct Returns Completed at Central Counting Station

    These procedures should be followed if the political subdivision has created a central counting station for the processing of election results. At a central counting station, the presiding judge is responsible for producing both precinct returns and election totals.
  1. At the Polling Place
    1. Precinct ballot counter returned to central counting station.
      1. After the results tapes have been printed, the election judge shall lock and seal the precinct ballot counter to prepare it for delivery back to the central counting station. The voted ballots and precinct election records shall be placed in a secure transfer case.  
      2. The precinct ballot counter and the transfer case containing the voted ballots and precinct election records shall be delivered to the presiding judge of the central counting station in accordance with Section 127.066(c) of the Texas Election Code.
    2. Precinct Ballot Counter NOT returned to central counting station.
      1. If the precinct ballot counter itself cannot be removed from the polling place, the election judge shall remove the electronic media from the precinct ballot counter.
      2. The electronic media, voted ballots and precinct election records shall be placed in a secure transfer case and shall be delivered to the presiding judge of the central counting station in accordance with Section 127.066(c) of the Texas Election Code.
  2. At the Central Counting Station:
    1. The presiding judge shall unlock and unseal the precinct ballot counter, if applicable and remove the electronic media.
    2. If the electronic media was transported in a separate transfer case, the presiding judge shall open the transfer case and remove the electronic media.
    3. The voted ballot shall be removed from the transfer case.   
    4. The ballots shall be examined for the irregularly marked ballots for processing in accordance with Section 127.157 (c)-(e) of the Texas Election Code.
    5. If there are no irregularly marked ballots, the electronic media shall be transferred to the manager of the central counting station for accumulation.
    6. Write-in votes shall be reviewed for voter intent by the presiding judge or clerks designed by the presiding judge. The results shall be added either manually or electronically to those for ballots counted by the precinct ballot counter. (127.130)
    7. The presiding judge of the central counting station shall be responsible for preparing precinct returns in accordance with Section 127.131 of the Texas Election Code.

6. Ballot Box Capacity Emergencies

There have been instances reported to the Secretary of State, during the early-voting-in-person period, when the number of ballots inserted into a precinct ballot counter exceeded the capacity of the precinct ballot counter’s ballot box. As a best practice, the number of ballots placed in the precinct ballot counter should be monitored, and when the capacity of the box is being neared, a new precinct ballot counter should be brought in, and the first one locked, sealed and secured until the time for counting ballots. However, not all political subdivisions will have the funding to purchase additional equipment for this purpose as not all elections will have the same turnout and require additional equipment.

If a political subdivision has an insufficient quantity of precinct ballot counters, the Secretary of State has authorized the following procedures in accordance with 85.032(e) when: (1) the number of voted ballots will exceed the precinct ballot counter’s ballot box capacity, (2) all precinct ballot counters at that location are full, and (3) no additional precinct ballot counters are available.

  1. When the early voting clerk determines that a precinct ballot counter is nearing capacity, the early voting clerk shall notify the County Sheriff (or whoever has possession of the second ballot box key in accordance with Sec. 66.060 of the Texas Election Code) of the need to transfer voted ballots out of a precinct ballot counter. 
  2. In an election in which a political party has a candidate on the ballot, the early voting clerk shall also notify the county party chairs of the need to transfer voted ballots out of a precinct ballot counter.
  3. When the polls are closed for the day, and in the presence of the Sheriff (or other key-holder), the early voting clerk shall open the precinct ballot counter and remove the voted ballots.
  4. The ballots shall be placed in a transfer case that contains two locks and can be sealed with a tamper evident or tamper resistant seal as required under Section 85.032(b) of the Texas Election Code. 
  5. The deputy early voting clerk, Sheriff (or other key-holder), and any poll watchers present must sign a log that details:
    1. the date and time that the precinct ballot counter was opened,
    2. the numbers of the seals that have been removed,
    3. the numbers of the seals that are attached, and
    4. the seal numbers of the ballot box(es) to which the voted ballots were removed.
  6. The voted ballots shall then be transported to the general custodian of election records for storage. 
  7. Poll Watchers can be present forthis process.

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