Office Of The Attorney General Answers Election Questions

Request for Opinion: ( RQ-0126-KP)

Summary: Through title 7 of the Election Code, the Legislature has established separate procedures for counting the ballots and processing early voting returns. Section 87.021 of the Election Code requires that early voting clerks deliver secure ballot boxes to the early voting ballot board. Section 87.062 then requires the early voting ballot board to count the ballots and prepare returns.

Section 33.061 of the Election Code makes it a Class A misdemeanor for a person serving in an official capacity at a location at which the presence of watchers is authorized to prevent a watcher from observing an activity the watcher is entitled to observe. Title 14 of the Election Code establishes procedures for an election contest if the true outcome of the election is in dispute due to an election officer or another person officially involved in the administration of the election: (A) preventing eligible voters from voting; (B) failing to count legal votes; or (C) engaging in other fraud or illegal conduct.

Want to see the full question from Mr. Wiley McAfee? [gview file=”https://smcorridornews.com/wp-content/uploads/2016/11/Attorny-General-Request-For-Opinion.pdf”]