2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.002. Additional Balloting Materials

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:
(1)  a notice of the clerk's physical address for purposes of return by common or contract carrier or personal delivery in accordance with Section 86.006(a-1); and
(2)  the list of declared write-in candidates for the election, if applicable.
(g)  The carrier envelope must include a space that is hidden from view when the envelope is sealed for the voter to enter the following information:
(1)  the number of the voter's driver's license, election identification certificate, or personal identification card issued by the Department of Public Safety;
(2)  if the voter has not been issued a number described by Subdivision (1), the last four digits of the voter's social security number; or
(3)  a statement by the applicant that the applicant has not been issued a number described by Subdivision (1) or (2).
(h)  A person may use the number of a driver's license, election identification certificate, or personal identification card that has expired for purposes of Subsection (g) if the license or identification is otherwise valid.
(i)  No record associating an individual voter with a ballot may be created.
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.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 59, eff. September 1, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.08, eff. December 2, 2021.