CHAPTER 102. LATE VOTING BY DISABLED VOTER
ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE B. SPECIAL FORMS OF EARLY VOTING
CHAPTER 102. LATE VOTING BY DISABLED VOTER
Sec. 102.001. ELIGIBILITY. (a) A qualified voter is eligible
to vote a late ballot as provided by this chapter if the voter
has a sickness or physical condition described by Section 82.002
that originates on or after the day before the last day for
submitting an application for a ballot to be voted by mail.
(b) In this chapter, "late ballot" means a ballot voted under
this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 102.002. CONTENTS OF APPLICATION. An application for a
late ballot must comply with the applicable provisions of Section
84.002 and must include or be accompanied by a certificate of a
licensed physician or chiropractor or accredited Christian
Science practitioner in substantially the following form:
"This is to certify that I know that __________ has a sickness or
physical condition that will prevent him or her from appearing at
the polling place for an election to be held on the __________
day of __________, 19___, without a likelihood of needing
personal assistance or of injuring his or her health and that the
sickness or physical condition originated on or after __________.
"Witness my hand at __________, Texas, this __________ day of
__________, 19___.
________________________________
(signature of physician,
chiropractor, or practitioner)"
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 102.003. SUBMITTING APPLICATION. (a) An application for a
late ballot must be submitted in person to the early voting clerk
at the main early voting polling place by a representative of the
applicant. However, if the early voting ballots voted by mail are
processed at a location other than the main early voting polling
place, the early voting clerk may require the application to be
submitted at that location.
(b) An application may be submitted after the last day of the
period for early voting by personal appearance and before 5 p.m.
on election day.
(c) To be eligible to serve as an applicant's representative, a
person:
(1) must be at least 18 years of age;
(2) must not be employed by or related within the third degree
by consanguinity or affinity, as determined under Chapter 573,
Government Code, to a candidate whose name appears on the ballot;
and
(3) must not have served in the election as the representative
for another applicant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 1.34; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,
ch. 561, Sec. 17, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch.
76, Sec. 5.95(27), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch.
1316, Sec. 31, eff. Sept. 1, 2003.
Sec. 102.004. REVIEWING APPLICATION AND PROVIDING BALLOTING
MATERIALS. (a) An application submitted under this chapter
shall be reviewed and the applicant's registration status
verified by the early voting clerk in the same manner as for
early voting by mail.
(b) The clerk shall provide the balloting materials for voting
an early voting ballot by mail to the representative who submits
the voter's application. Before providing the materials, the
clerk shall enter the representative's name and residence address
on the application and secure the representative's signature
beside the name.
(c) The voter's representative shall deliver the balloting
materials in person to the voter.
(d) A late ballot provided to a voter by any method other than
that prescribed by this section may not be counted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 102.005. MARKING AND SEALING BALLOT. A late ballot must be
marked and sealed by the voter in the same manner as an early
voting ballot voted by mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 102.006. METHOD OF RETURNING MARKED BALLOT; DEADLINE. (a)
A marked late ballot must be delivered to the early voting clerk
in person by the representative who submitted the voter's
application. The ballot must be delivered in the official carrier
envelope. A ballot returned by any other method may not be
counted.
(b) The clerk shall enter the representative's name and
residence address on a returned carrier envelope and secure the
representative's signature beside the name.
(c) The deadline for returning a marked late ballot is the same
as that for an early voting ballot voted by mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 102.007. PROCESSING RESULTS. The results of voting under
this chapter shall be processed in accordance with the procedures
applicable to processing early voting ballots voted by mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 102.008. ENTRY ON EARLY VOTING ROSTER. The early voting
roster must include the name of each person to whom a late ballot
is provided with a notation indicating that the ballot was a late
ballot under this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 102.009. ENTRY ON PRECINCT EARLY VOTING LIST. The precinct
early voting list must contain the name of each person to whom a
late ballot has been provided as of the time of delivery of the
list.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.