CHAPTER 86. CONDUCT OF VOTING BY MAIL
ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE A. EARLY VOTING
CHAPTER 86. CONDUCT OF VOTING BY MAIL
Sec. 86.001. REVIEWING APPLICATION AND PROVIDING BALLOT. (a)
The early voting clerk shall review each application for a ballot
to be voted by mail.
(b) If the applicant is entitled to vote an early voting ballot
by mail, the clerk shall provide an official ballot to the
applicant as provided by this chapter.
(c) Except as provided by Section 86.008, if the applicant is
not entitled to vote by mail, the clerk shall reject the
application, enter on the application "rejected" and the reason
for and date of rejection, and deliver written notice of the
reason for the rejection to the applicant at both the residence
address and mailing address on the application. A ballot may not
be provided to an applicant whose application is rejected.
(d) If the application does not include the applicant's correct
voter registration number or county election precinct of
residence, the clerk shall enter the appropriate information on
the application before providing a ballot to the applicant.
(e) If the applicant does not have an effective voter
registration for the election, the clerk shall reject the
application unless the clerk can determine from the voter
registrar that the applicant has submitted a voter registration
application and the registration will be effective on election
day.
(f) If the clerk receives an application for an election for
which the clerk is not serving as early voting clerk, the clerk
shall reject the application for that election and notify the
applicant of the rejection in accordance with Section 86.008.
(g) If a ballot is provided to the applicant, the clerk shall
indicate beside the applicant's name on the list of registered
voters that a ballot to be voted by mail was provided to the
applicant and the date of providing the ballot unless the form of
the list makes it impracticable to do so.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 26, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg.,
ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch.
1381, Sec. 13, eff. Sept. 1, 1997.
Sec. 86.002. ADDITIONAL BALLOTING MATERIALS. (a) The early
voting clerk shall provide an official ballot envelope and
carrier envelope with each ballot provided to a voter. If the
voter's name appears on the list of registered voters with the
notation "S", or a similar notation, or the residence address on
the voter's early voting ballot application is not the same as
the voter's residence address on the list of registered voters,
the clerk shall provide a form for a statement of residence to
the voter.
(b) Before providing the balloting materials to the voter, the
clerk shall enter on the carrier envelope the identity and date
of the election.
(c) The clerk shall enter on a carrier envelope the voter's name
in printed form, a notation that a statement of residence is
enclosed, if applicable, and any other information the clerk
determines necessary for proper processing of the ballot.
(d) The secretary of state shall prescribe instructions to be
printed on the balloting materials for the execution and return
of a statement of residence. The instructions must include an
explanation of the circumstances under which the ballot must be
rejected with respect to the statement.
(e) If the clerk determines that the carrier envelope and other
balloting materials will weigh more than one ounce when returned
by mail to the clerk, the clerk shall include with the balloting
materials a notice of the amount of first class postage that will
be required for the return by mail of the carrier envelope and
enclosed materials.
(f) The clerk shall include with the balloting materials a
notice of the clerk's physical address for purposes of return by
common or contract carrier.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 54, Sec. 8(b), eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 472, Sec. 27, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg., ch.
554, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 916,
Sec. 25, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 797, Sec.
41, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 620, Sec. 1,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1315, Sec. 43, eff.
Jan. 1, 2004.
Sec. 86.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED
ADDRESS. (a) The balloting materials for voting by mail shall
be provided to the voter by mail. A ballot provided by any other
method may not be counted.
(b) Subject to Subsection (c), the balloting materials shall be
addressed to the applicable address specified in the voter's
application. The election officer providing the ballot may not
knowingly mail the materials to an address other than that
prescribed by this section.
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to
vote, or the registered mailing address if different, unless the
ground for voting by mail is:
(1) absence from the county of residence, in which case the
address must be an address outside the voter's county of
residence;
(2) confinement in jail, in which case the address must be the
address of the jail or of a relative described by Section
84.002(a)(4); or
(3) age or disability and the voter is living at a hospital,
nursing home or other long-term care facility, or retirement
center, or with a relative described by Section 84.002(a)(3), in
which case the address must be the address of that facility or
relative.
(d) If the applicable address specified in a voter's application
is an address other than that prescribed by Subsection (c), the
voter's application shall be rejected in accordance with Section
86.001(c).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,
ch. 565, Sec. 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
1381, Sec. 14, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.
1316, Sec. 23, eff. Sept. 1, 2003.
Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER. (a) Except as
provided by Subsection (b), the balloting materials for voting by
mail shall be mailed to a voter entitled to vote by mail not
later than the seventh calendar day after the later of the date
the clerk accepts the voter's application for a ballot to be
voted by mail or the date the ballots become available for
mailing, except that if that mailing date is earlier than the
45th day before election day, the balloting materials shall be
mailed not later than the 38th day before election day.
(b) For the general election for state and county officers, the
balloting materials for a voter who indicates on the application
for a ballot to be voted by mail or the federal postcard
application that the voter is eligible to vote early by mail as a
consequence of the voter's being outside the United States shall
be mailed on or before the later of the 45th day before election
day or the seventh calendar day after the date the clerk receives
the application. However, if it is not possible to mail the
ballots by the deadline of the 45th day before election day, the
clerk shall notify the secretary of state within 24 hours of
knowing that the deadline will not be met. The secretary of
state shall monitor the situation and advise the clerk, who shall
mail the ballots as soon as possible in accordance with the
secretary of state's guidelines.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 393, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 1, eff. September 1, 2005.
Sec. 86.005. MARKING AND SEALING BALLOT. (a) A voter must mark
a ballot voted by mail in accordance with the instructions on the
ballot envelope.
(b) A voter may mark the ballot at any time after receiving it.
(c) After marking the ballot, the voter must place it in the
official ballot envelope and then seal the ballot envelope, place
the ballot envelope in the official carrier envelope and then
seal the carrier envelope, and sign the certificate on the
carrier envelope.
(d) Failure to use the official ballot envelope does not affect
the validity of the ballot.
(e) After the carrier envelope is sealed by the voter, it may
not be opened except as provided by Chapter 87.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 1315, Sec. 44, eff. Jan. 1, 2004.
Sec. 86.0051. CARRIER ENVELOPE ACTION BY PERSON OTHER THAT
VOTER; OFFENSES. (a) A person commits an offense if the person
acts as a witness for a voter in signing the certificate on the
carrier envelope and knowingly fails to comply with Section
1.011.
(b) A person other than the voter who deposits the carrier
envelope in the mail or with a common or contract carrier must
provide the person's signature, printed name, and residence
address on the reverse side of the envelope.
(c) A person commits an offense if the person knowingly violates
Subsection (b). It is not a defense to an offense under this
subsection that the voter voluntarily gave another person
possession of the voter's carrier envelope.
(d) An offense under this section is a Class B misdemeanor,
unless the person is convicted of an offense under Section 64.036
for providing unlawful assistance to the same voter in connection
with the same ballot, in which event the offense is a state jail
felony.
(e) Subsections (a) and (c) do not apply if the person is
related to the applicant within the second degree by affinity or
the third degree by consanguinity, as determined under Subchapter
B, Chapter 573, Government Code, or is registered to vote at the
same address as the applicant.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 13, eff. Sept. 1,
2003.
Sec. 86.006. METHOD OF RETURNING MARKED BALLOT. (a) A marked
ballot voted under this chapter must be returned to the early
voting clerk in the official carrier envelope. The carrier
envelope may be delivered in another envelope and must be
transported and delivered only by mail or by common or contract
carrier.
(b) Except as provided by Subsection (c), a carrier envelope may
not be returned in an envelope or package containing another
carrier envelope.
(c) The carrier envelopes of persons who are registered to vote
at the same address may be returned in the same envelope or
package.
(d) Each carrier envelope that is delivered by a common or
contract carrier must be accompanied by an individual delivery
receipt for that particular carrier envelope that indicates the
name and residence address of the individual who actually
delivered the envelope to the carrier and the date, hour, and
address at which the carrier envelope was received by the
carrier. A delivery of carrier envelopes is prohibited by a
common or contract carrier if the delivery originates from the
address of:
(1) an office of a political party or a candidate in the
election;
(2) a candidate in the election unless the address is the
residence of the early voter;
(3) a specific-purpose or general-purpose political committee
involved in the election; or
(4) an entity that requested that the election be held, unless
the delivery is a forwarding to the early voting clerk.
(e) Carrier envelopes may not be collected and stored at another
location for subsequent delivery to the early voting clerk. The
secretary of state shall prescribe appropriate procedures to
implement this subsection and to provide accountability for the
delivery of the carrier envelopes from the voting place to the
early voting clerk.
(f) A person commits an offense if the person knowingly
possesses an official ballot or official carrier envelope
provided under this code to another. Unless the person possessed
the ballot or carrier envelope with intent to defraud the voter
or the election authority, this subsection does not apply to a
person who, on the date of the offense, was:
(1) related to the voter within the second degree by affinity or
the third degree by consanguinity, as determined under Subchapter
B, Chapter 573, Government Code;
(2) registered to vote at the same address as the voter;
(3) an early voting clerk or a deputy early voting clerk;
(4) a person who possesses the carrier envelope in order to
deposit the envelope in the mail or with a common or contract
carrier and who provides the information required by Section
86.0051(b) in accordance with that section;
(5) an employee of the United States Postal Service working in
the normal course of the employee's authorized duties; or
(6) a common or contract carrier working in the normal course of
the carrier's authorized duties if the official ballot is sealed
in an official carrier envelope that is accompanied by an
individual delivery receipt for that particular carrier envelope.
(g) An offense under Subsection (f) is:
(1) a Class B misdemeanor if the person possesses at least one
but fewer than 10 ballots or carrier envelopes unless the person
possesses the ballots or carrier envelopes without the consent of
the voters, in which event the offense is a state jail felony;
(2) a Class A misdemeanor if the person possesses at least 10
but fewer than 20 ballots or carrier envelopes unless the person
possesses the ballots or carrier envelopes without the consent of
the voters, in which event the offense is a felony of the third
degree; or
(3) a state jail felony if the person possesses 20 or more
ballots or carrier envelopes unless the person possesses the
ballots or carrier envelopes without the consent of the voters,
in which event the offense is a felony of the second degree.
(h) A ballot returned in violation of this section may not be
counted. If the early voting clerk determines that the ballot was
returned in violation of this section, the clerk shall make a
notation on the carrier envelope and treat it as a ballot not
timely returned in accordance with Section 86.011(c). If the
ballot is returned before the end of the period for early voting
by personal appearance, the early voting clerk shall promptly
mail or otherwise deliver to the voter a written notice informing
the voter that:
(1) the voter's ballot will not be counted because of a
violation of this code; and
(2) the voter may vote if otherwise eligible at an early voting
polling place or the election day precinct polling place on
presentation of the notice.
(i) In the prosecution of an offense under Subsection (f):
(1) the prosecuting attorney is not required to negate the
applicability of the provisions of Subsections (f)(1)-(6) in the
accusation charging commission of an offense;
(2) the issue of the applicability of a provision of Subsection
(f)(1), (2), (3), (4), (5), or (6) is not submitted to the jury
unless evidence of that provision is admitted; and
(3) if the issue of the applicability of a provision of
Subsection (f)(1), (2), (3), (4), (5), or (6) is submitted to the
jury, the court shall charge that a reasonable doubt on the issue
requires that the defendant be acquitted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 431, Sec. 1, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 472, Sec. 28, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, Sec. 1.18; Acts 1991, 72nd Leg., ch.
554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1381,
Sec. 15, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, Sec.
14, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
238, Sec. 1, eff. September 1, 2007.
Sec. 86.007. DEADLINE FOR RETURNING MARKED BALLOT. (a) Except
as provided by Subsection (d), a marked ballot voted by mail must
arrive at the address on the carrier envelope before the time the
polls are required to close on election day.
(b) If the early voting clerk cannot determine whether a ballot
arrived before the deadline, the ballot is considered to have
arrived at the time the place at which the carrier envelopes are
deposited was last inspected for removal of returned ballots. The
clerk shall check for returned ballots, at least once before the
deadline, after the normal delivery time on the last day at the
place at which the carrier envelopes are deposited.
(c) A marked ballot that is not timely returned may not be
counted.
(d) A marked ballot voted by mail that arrives after the time
prescribed by Subsection (a) shall be counted if:
(1) the ballot was cast from an address outside the United
States;
(2) the carrier envelope was placed for delivery before the time
the ballot is required to arrive under Subsection (a); and
(3) the ballot arrives at the address on the carrier envelope
not later than the fifth day after the date of the election,
except that if that date falls on a Saturday, Sunday, or legal
state or national holiday, then the deadline is extended to the
next regular business day.
(e) A delivery under Subsection (d)(2) is timely, except as
otherwise provided by this title, if the carrier envelope or, if
applicable, the envelope containing the carrier envelope:
(1) is properly addressed with postage or handling charges
prepaid;
(2) is sent from an address outside the United States; and
(3) bears a cancellation mark of a recognized postal service or
a receipt mark of a common or contract carrier or a courier
indicating a time before the deadline.
(f) If the envelope does not bear the cancellation mark or
receipt mark as required by Subsection (e)(3), a delivery under
Subsection (d)(1) is presumed to be timely if the other
requirements under this section are met. Section 1.006 does not
apply to Subsection (d)(3).
(g) The secretary of state shall prescribe procedures as
necessary to implement Subsection (d).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 29, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg.,
ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch.
1349, Sec. 38, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.
1316, Sec. 24, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd
C.S., ch. 1, Sec. 4, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch.
1062, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.18, eff. September 1, 2005.
Sec. 86.008. DEFECTIVE APPLICATION. (a) If on reviewing an
application for a ballot to be voted by mail that was received on
or before the 12th day before election day the early voting clerk
determines that the application does not fully comply with the
applicable requirements prescribed by this title, the clerk shall
mail or otherwise deliver an official application form to the
applicant.
(b) The clerk shall include with the application form mailed or
delivered to the applicant a written notice containing:
(1) a brief explanation of each defect in the noncomplying
application;
(2) a statement informing the voter that the voter is not
entitled to vote an early voting ballot unless the application
complies with all legal requirements; and
(3) instructions for submitting the second application.
(c) If an application that does not fully comply with the
applicable requirements prescribed by this title is received
after the 12th day before election day and before the end of the
period for early voting by personal appearance, the clerk shall
mail or otherwise deliver a notice to the voter containing the
information prescribed by Subdivisions (1) and (2) of Subsection
(b), including a statement that the application was late, if
applicable.
(d) Notwithstanding any other provisions of this code, the clerk
may deliver in person to the voter a second application if the
defective original application is timely and may receive, before
the deadline, the corrected application in person from the voter.
If a procedure authorized by this subsection is used, it must be
applied uniformly to all applications covered by this subsection.
The clerk shall enter a notation on the application indicating
any information added by the clerk under this subsection. A poll
watcher is entitled to accompany the clerk and observe the
procedures under this subsection. The secretary of state may
prescribe any other procedures necessary to implement this
subsection including requirements for posting notice of any
deliveries.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 30, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg.,
ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch.
864, Sec. 75, eff. Sept. 1, 1997.
Sec. 86.009. PROVIDING CORRECTED BALLOT TO VOTER. (a) If,
after a ballot to be voted by mail is provided to a voter, the
official ballot is changed in a way that affects the choices
available to the voter in the election or the validity of the
ballot provided to the voter if cast, the early voting clerk
shall mail a corrected ballot and corresponding balloting
materials to the voter unless in the clerk's opinion there is not
sufficient time for the voter to timely return the corrected
ballot to the clerk.
(b) The clerk shall include with the balloting materials
provided to the voter a written notice containing:
(1) a brief explanation of the reason for providing another
ballot; and
(2) an instruction to destroy the defective ballot if it has not
already been returned to the clerk.
(c) Before mailing the corrected ballot to the voter, the clerk
shall place a notation on the carrier envelope indicating that
the ballot is a corrected ballot being provided under this
section. The clerk shall also indicate on the voter's application
that the voter was provided a corrected ballot.
(d) The clerk shall prepare a list containing the name of each
voter who is provided a corrected ballot under this section. The
clerk shall preserve the list for the period for preserving the
precinct election records.
(e) A voter's defective ballot that is timely returned to the
clerk as a marked ballot shall be treated as:
(1) a marked ballot not timely returned if the corrected ballot
is timely returned as a marked ballot; or
(2) as the voter's ballot for the election if the corrected
ballot is not timely returned.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,
ch. 864, Sec. 76, eff. Sept. 1, 1997.
Sec. 86.010. ASSISTING VOTER. (a) A voter casting a ballot by
mail who would be eligible under Section 64.031 to receive
assistance at a polling place may select a person as provided by
Section 64.032(c) to assist the voter in preparing the ballot.
(b) Assistance rendered under this section is limited to that
authorized by this code at a polling place.
(c) The person assisting the voter must sign a written oath
prescribed by Section 64.034 that is part of the certificate on
the official carrier envelope.
(d) If a voter is assisted in violation of Subsection (a) or
(b), the voter's ballot may not be counted.
(e) A person who assists a voter to prepare a ballot to be voted
by mail shall enter the person's signature, printed name, and
residence address on the official carrier envelope of the voter.
(f) A person commits an offense if the person knowingly fails to
provide the information on the official carrier envelope as
required by Subsection (e).
(g) An offense under this section is a Class A misdemeanor
unless the person is convicted of an offense under Section 64.036
for providing unlawful assistance to the same voter, in which
event the offense is a state jail felony.
(h) Subsection (f) does not apply if the person is related to
the applicant within the second degree by affinity or the third
degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code, or is registered to vote at the
same address as the applicant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,
ch. 1381, Sec. 16, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.
393, Sec. 15, eff. Sept. 1, 2003.
Sec. 86.011. ACTION BY CLERK ON RETURN OF BALLOT. (a) The
early voting clerk shall determine whether the return of a
voter's official carrier envelope for a ballot voted by mail is
timely.
(b) If the return is timely, the clerk shall enclose the carrier
envelope and the voter's early voting ballot application in a
jacket envelope.
(c) If the return is not timely, the clerk shall enter the time
of receipt on the carrier envelope and retain it for the period
for preserving the precinct election records. The clerk shall
destroy the unopened envelope and its contents after the
preservation period.
(d) Notwithstanding any other provisions of this code, if the
clerk receives a timely carrier envelope that does not fully
comply with the applicable requirements prescribed by this title,
the clerk may deliver the carrier envelope in person or by mail
to the voter and may receive, before the deadline, the corrected
carrier envelope from the voter, or the clerk may notify the
voter of the defect by telephone and advise the voter that the
voter may come to the clerk's office in person to correct the
defect or cancel the voter's application to vote by mail and vote
on election day. If the procedures authorized by this subsection
are used, they must be applied uniformly to all carrier envelopes
covered by this subsection. A poll watcher is entitled to observe
the procedures under this subsection. The secretary of state may
prescribe any other procedures necessary to implement this
subsection including requirements for posting notice of any
deliveries.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 31, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 203, Sec. 1.19; Acts 1991, 72nd Leg.,
ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch.
864, Sec. 77, eff. Sept. 1, 1997.
Sec. 86.012. OFFICIAL BALLOT ENVELOPE. (a) "Ballot Envelope"
must be printed on the face of each officially prescribed ballot
envelope for a ballot to be voted by mail.
(b) The following textual material, as prescribed by the
secretary of state, must be printed on the face of each official
ballot envelope and may be continued on the reverse side if
necessary:
(1) instructions for marking the ballot and returning the marked
ballot to the early voting clerk;
(2) the deadline for returning the marked ballot to the clerk;
(3) limitations on assistance to the voter; and
(4) criminal penalties for unlawful assistance in preparing the
ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 86.013. OFFICIAL CARRIER ENVELOPE. (a) "Carrier Envelope
for Early Voting Ballot," the name and official title of the
early voting clerk as addressee, and the clerk's official mailing
address must be printed on the face of each official carrier
envelope for a ballot to be voted by mail.
(b) Spaces must appear on the reverse side of the official
carrier envelope for:
(1) indicating the identity and date of the election; and
(2) entering the signature, printed name, and residence address
of a person other than the voter who deposits the carrier
envelope in the mail or with a common or contract carrier.
(c) A certificate in substantially the following form must be
printed on the reverse side of the official carrier envelope in a
manner that requires the voter to sign across the flap of the
envelope:
"I certify that the enclosed ballot expresses my wishes
independent of any dictation or undue persuasion by any person.
________________________________
Signature of voter
By: ____________________________
Signature of person assisting
voter, if applicable (see Ballot
Envelope for restrictions and
penalties)
_______________________________
Printed name of person assisting
voter, if applicable
_______________________________
Residence address of person
assisting voter, if applicable"
(d) The following textual material, as prescribed by the
secretary of state, must be printed on the reverse side of the
official carrier envelope or on a separate sheet accompanying the
carrier envelope when it is provided:
(1) the prohibition prescribed by Section 86.006(b);
(2) the conditions for delivery by common or contract carrier
prescribed by Sections 81.005 and 86.006;
(3) the requirements for the legal execution and delivery of the
carrier envelope;
(4) the prohibition prescribed by Section 86.006(e); and
(5) the offenses prescribed by Sections 86.006(f) and 86.010(f).
(e) The following notice must be printed on the reverse side of
the official carrier envelope, near the space provided for the
voter's signature: "This envelope must be sealed by the voter
before it leaves the voter's hands. Do not sign this envelope
unless the ballot has been marked by you or at your direction."
(f) The oath of a person assisting a voter must be included on
the official carrier envelope as part of the certificate
prescribed by Subsection (c).
(g) The secretary of state by rule shall require that a notice
informing voters of the telephone number established under
Section 31.0055 and the purpose of the telephone number be
printed on:
(1) the official carrier envelope; or
(2) an insert enclosed with the balloting materials for voting
by mail sent to the voter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 1.20; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,
ch. 1381, Sec. 17, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.
393, Sec. 16, eff. Sept. 1, 2003.
Sec. 86.014. PUBLIC INSPECTION OF EARLY VOTING RECORDS. (a) A
copy of an application for a ballot to be voted by mail may be
obtained from the early voting clerk:
(1) 72 hours after the time a ballot is mailed to the voter; or
(2) 48 hours after the time a ballot is mailed to the voter if
the mailing occurs on the fourth day before election day.
(b) Originals of the applications and carrier envelopes are not
available for public inspection until those materials are
delivered to the general custodian of election records after the
election.
Added by Acts 1987, 70th Leg., ch. 472, Sec. 32, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts
1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997,
75th Leg., ch. 565, Sec. 5, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1381, Sec. 18, eff. Sept. 1, 1997.