Texas Codes

Tex. Elec. Code § 65.009 (2026)

Counting Irregularly Marked Ballot

✓ current as of May 2026

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Sec. 65.009. COUNTING IRREGULARLY MARKED BALLOT. (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;

(3) a line drawn through:

(A) the names of all candidates in a manner that indicates a preference for the candidates not marked if the names of the candidates not marked do not exceed the number of persons that may be elected to that office;

(B) the name of each political party except one in a manner that clearly indicates a preference for the political party not marked; or

(C) a voting choice associated with a proposition in a manner that clearly indicates a preference for the other voting choice associated with the proposition; or

(4) any other evidence that clearly indicates the intent of the voter in choosing a candidate or political party or deciding on a proposition.

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.

Notes of Decisions

Cited in 2 cases, 1993–2000 · leading case: Bush v. Gore, 531 U.S. 98 (2000).

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Bush v. Gore, 531 U.S. 98 (2000). · cites it 2× “1998) (looking to voter's intent where there is substantial compliance with statutory requirements); Tex. Elec. Code Ann. § 65.009 (c) (1986); Utah Code Ann.”

Guerra v. Garza, 865 S.W.2d 573 (Tex. App. 1993). “" Tex. Elec.Code Ann. § 65.009(a), (c) (Vernon 1986) (emphasis added).”

— Tex. Elec. Code § 65.009(a) — 1 case

Guerra v. Garza, 865 S.W.2d 573 (Tex. App. 1993). “" Tex. Elec.Code Ann. § 65.009(a), (c) (Vernon 1986) (emphasis added).”

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