reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 85 - Conduct of Voting by Personal Appearance › Subchapter C. Branch Early Voting Polling Place › Section 85.067. Public Notice of Branch Voting Schedule

Sec. 85.067.  PUBLIC NOTICE OF BRANCH VOTING SCHEDULE.  (a)  The early voting clerk shall post for each election a schedule stating:
(1)  the location of each permanent and temporary branch polling place at which voting will be conducted and the election precincts served by each branch polling place;  and
(2)  except as provided by Subsection (b), the dates and hours that temporary branch voting will be conducted.
(b)  The schedule is not required to include dates and hours for which public notice is posted under Section 85.068.
(c)  The schedule shall be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period. The schedule may be amended after the beginning of early voting by personal appearance to include notice of additional temporary branch polling place locations, dates, and hours, but any amendment must be made not later than the fifth day before the date the voting is scheduled to begin at the additional temporary branch.
(d)  The schedule shall be posted on:
(1)  the bulletin board used for posting notice of meetings of the governing body of the political subdivision served by the authority ordering the election or, if the early voting clerk is the county clerk of a county that does not maintain an Internet website or city secretary, meetings of the commissioners court or city governing body, as applicable; or
(2)  the county's Internet website if the early voting clerk is the county clerk of a county that maintains an Internet website.
(e)  The early voting clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the posting period.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 7(a), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 1.16; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 85 - Conduct of Voting by Personal Appearance › Subchapter C. Branch Early Voting Polling Place › Section 85.068. Public Notice of Additional Voting Time Ordered by Clerk

Sec. 85.068.  PUBLIC NOTICE OF ADDITIONAL VOTING TIME ORDERED BY CLERK.  (a)  The early voting clerk shall post notice for each election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Section 85.064(d), if the early voting clerk is a county clerk or city secretary under Section 83.002 or 83.005.
(b)  The notice is not required to include the dates and hours that appear in the branch office voting schedule posted under Section 85.067.
(c)  The notice shall be posted as provided by Section 85.007(c).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 1142, Sec. 5, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 1.17;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 6, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 57, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 679 (H.B. 1217), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 85 - Conduct of Voting by Personal Appearance › Subchapter C. Branch Early Voting Polling Place › Section 85.070. Delivery of Applications to Main Polling Place

Sec. 85.070.  DELIVERY OF APPLICATIONS TO MAIN POLLING PLACE.  Each early voting ballot application submitted at a branch polling place shall be delivered by an election officer to the main polling place not later than 1 p.m. on the day after the date the application is submitted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.11;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 85 - Conduct of Voting by Personal Appearance › Subchapter C. Branch Early Voting Polling Place › Section 85.071. Delivery of Ballots to Main Polling Place

Sec. 85.071.  DELIVERY OF BALLOTS TO MAIN POLLING PLACE.  (a)  During the period for early voting by personal appearance, the ballots voted at a branch polling place, other than those cast on a voting machine, shall be:
(1)  retained securely at the branch polling place in a locked room accessible only to election officers;  or
(2)  delivered by an election officer or designated law enforcement officer to the main early voting polling place at the close of voting each day.
(b)  The unvoted ballots at the branch polling place, other than voting machine ballots, shall be retained or delivered with the voted ballots but in a separate locked container.
(c)  All voted and unvoted ballots shall be delivered by an election officer or designated law enforcement officer to the main polling place at the close of voting on the last day of voting at the branch polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.11;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 85 - Conduct of Voting by Personal Appearance › Subchapter C. Branch Early Voting Polling Place › Section 85.072. Branch Daily Register

Sec. 85.072.  BRANCH DAILY REGISTER.  (a)  Each day early voting is conducted at a branch polling place, an election officer in charge of the branch shall prepare a register listing the voters who cast ballots at the branch that day.
(b)  The register must include for each voter the information necessary for entering the voter's name on the early voting roster for the election.
(c)  The election officer preparing the register shall deliver it to the early voting clerk at the close of each day's voting at the branch polling place.
(d)  The early voting clerk shall preserve each daily register for the period for preserving the precinct election records.
(e)  A current copy of the register shall be kept at the branch polling place during the period voting is conducted there.
(f)  The early voting clerk shall provide, in a downloadable database format, a current copy of the register for posting on the Internet website of the authority ordering the election, if the authority maintains a website, each day early voting is conducted.  At a minimum, the voter registration number for each voter listed in the register must be posted.
(g)  The early voting clerk shall compile the registers and electronically submit to the secretary of state a record of each voter participating in a primary, a runoff primary, a general election, or any special election ordered by the governor not later than the day the voter votes in person or the early voting clerk receives a 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. 2.11;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1083 (H.B. 1850), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.001. Reviewing Application and Providing Ballot

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 information required under Section 84.002(a)(1-a) included on the application does not identify the same voter identified on the applicant's application for voter registration under Section 13.002(c)(8), the clerk shall reject the application.
(f-1)  If an application is rejected under Subsection (f), the clerk shall provide notice of the rejection in accordance with Subsection (c).  The notice must include information regarding the ability to correct or add information required under Section 84.002(a)(1-a) through the online tool described by Section 86.015(c).
(f-2)  If an applicant corrects an application for a ballot to be voted by mail online and that application subsequently identifies the same voter identified on the applicant's application for voter registration, the clerk shall provide a ballot to the applicant as provided by this chapter.
(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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 23, eff. September 1, 2013.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.07, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.003. Method of Providing Ballot to Voter: Required Address

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);
(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; or
(4)  involuntary civil commitment, in which case the address must be the address of the facility or of a relative described by Section 84.002(a)(7).
(d)  If the applicable address specified in a voter's application is an address other than that prescribed by Subsection (c) or subject to Section 86.002(a), the voter's application shall be rejected in accordance with Section 86.001(c).
(e)  Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 18, eff. December 1, 2017.
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 980 (H.B. 658), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 8, eff. December 1, 2017.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 18, eff. December 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 60, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.004. Time for Providing Ballot to Voter

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 37th day before election day, the balloting materials shall be mailed not later than the 30th day before election day.
(b)  For an election to which Section 101.104 applies, 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.
(c)  Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 18, eff. December 1, 2017.
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 (H.B. 2339), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 8, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 980 (H.B. 658), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 9, eff. December 1, 2017.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 18, eff. December 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 712 (H.B. 273), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.005. Marking and Sealing Ballot

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 using ink on paper.  An electronic signature or photocopied signature is not permitted.
(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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 683 (H.B. 1299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.0051. Unlawful Carrier Envelope Action by Person Other Than Voter

Sec. 86.0051.  UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON OTHER THAN VOTER.  (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 assists a voter by depositing the carrier envelope in the mail or with a common or contract carrier or who obtains the carrier envelope for that purpose must provide the person's signature, printed name, and residence address on the reverse side of the envelope.  The person must sign the envelope using ink on paper.  An electronic signature or photocopied signature is not permitted.
(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 A misdemeanor, unless it is shown on the trial of an offense under this section that the person committed 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)  This section does not apply if the person is 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, or was physically living in the same dwelling as the voter at the time of the event.
(f)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 10, eff. December 1, 2017.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 11, eff. December 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 683 (H.B. 1299), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.0052. Compensation for Carrier Envelope Action Prohibited

Sec. 86.0052.  COMPENSATION FOR CARRIER ENVELOPE ACTION PROHIBITED.  (a)  A person commits an offense if the person:
(1)  compensates another person for depositing the carrier envelope in the mail or with a common or contract carrier as provided by Section 86.0051(b), as part of any performance-based compensation scheme based on the number of ballots deposited or in which another person is presented with a quota of ballots to deposit as provided by Section 86.0051(b);
(2)  engages in another practice that causes another person's compensation from or employment status with the person to be dependent on the number of ballots deposited as provided by Section 86.0051(b); or
(3)  with knowledge that accepting compensation for such activity is illegal, accepts compensation for an activity described by Subdivision (1) or (2).
(b)  Except as provided by Subsection (c), an offense under this section is a misdemeanor punishable by:
(1)  confinement in jail for a term of not more than one year or less than 30 days; or
(2)  confinement described by Subdivision (1) and a fine not to exceed $4,000.
(c)  An offense under this section is a state jail felony if it is shown on the trial of an offense under this section that the defendant was previously convicted two or more times under this section.
(d)  An officer, director, or other agent of an entity that commits an offense under this section is punishable for the offense.
(e)  For purposes of this section, compensation means any form of monetary payment, goods, services, benefits, or promises or offers of employment, or any other form of consideration offered to another person in exchange for depositing ballots.
Added by Acts 2013, 83rd Leg., R.S., Ch. 846 (H.B. 148), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.009. Providing Corrected Ballot to Voter

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)  Except as provided by Subsection (f), 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 by the close of the polls on election day; or
(2)  as the voter's ballot for the election if the corrected ballot is not timely returned by the close of the polls on election day.
(f)  A ballot to be voted by mail under Chapter 101 corrected under this section may be counted if it is timely returned as required by Section 101.057.
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.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 61, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.0105. Compensation for Assisting Voters Prohibited

Sec. 86.0105.  COMPENSATION FOR ASSISTING VOTERS PROHIBITED.
(a)  A person commits an offense if the person:
(1)  compensates or offers to compensate another person for assisting voters as provided by Section 86.010; or
(2)  solicits, receives, or accepts compensation for an activity described by Subdivision (1).
(b)  Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 10.01(2), eff. December 2, 2021.
(c)  An offense under this section is a state jail felony.
(d)  An officer, director, or other agent of an entity that commits an offense under this section is punishable for the offense.
(e)  For purposes of this section, compensation means an economic benefit as defined by Section 38.01, Penal Code.
(f)  This section does not apply if the person assisting a voter is an attendant or caregiver previously known to the voter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 846 (H.B. 148), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.06, eff. December 2, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 10.01(2), eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.011. Action by Clerk on Return of Ballot

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.  The clerk shall also include in the jacket envelope:
(1)  a copy of the voter's federal postcard application if the ballot is voted under Chapter 101; and
(2)  the signature cover sheet, if the ballot is voted under Chapter 105.
(c)  If the return is not timely, the clerk shall enter the time of receipt on the carrier envelope and retain it in a locked container 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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 9, eff. September 1, 2011.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.09, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.012. Official Ballot Envelope

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.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.014. Public Inspection of Early Voting Records

Sec. 86.014.  PUBLIC INSPECTION OF EARLY VOTING RECORDS.
(a)  A copy of an application for a ballot to be voted by mail is not available for public inspection, except to the voter seeking to verify that the information pertaining to the voter is accurate, until the first business day after the election day of the earliest occurring election for which the application is submitted.
(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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1159 (H.B. 2449), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 11, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 484 (H.B. 2559), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 86 - Conduct of Voting by Mail › Section 86.015. Electronic Tracking of Application for Ballot Voted by Mail or Ballot Voted by Mail

Sec. 86.015.  ELECTRONIC TRACKING OF APPLICATION FOR BALLOT VOTED BY MAIL OR BALLOT VOTED BY MAIL.  (a)  The secretary of state shall develop or otherwise provide an online tool to each early voting clerk on the secretary's Internet website and on the county's Internet website if the early voting clerk is the county clerk of a county that maintains an Internet website that enables a person who submits an application for a ballot to be voted by mail to:
(1)  track the location and status of the person's application and ballot; and
(2)  receive notice of and, if possible, correct a defect in the person's application and ballot under Sections 86.008(c-1), 87.0271(e-1), and 87.0411(e-1).
(b)  The online tool developed or provided under Subsection (a) must require the voter to provide, before permitting the voter to access information described by that subsection:
(1)  the voter's name and date of birth and the last four digits of the voter's social security number; and
(2)  the voter's:
(A)  driver's license number; or
(B)  personal identification card number issued by the Department of Public Safety.
(c)  An online tool used under this section must:
(1)  for each election, record:
(A)  each application for a ballot to be voted by mail received by the clerk; and
(B)  each carrier envelope sent to a voter by the clerk;
(2)  for each carrier envelope, record or assign a serially numbered and sequentially issued barcode or tracking number that is unique to each envelope;
(3)  update the applicable Internet website as soon as practicable after each of the following events occurs:
(A)  receipt by the early voting clerk of the person's application for a ballot to be voted by mail;
(B)  acceptance or rejection by the early voting clerk of the person's application for a ballot to be voted by mail;
(C)  placement in the mail by the early voting clerk of the person's official ballot;
(D)  receipt by the early voting clerk of the person's marked ballot; and
(E)  acceptance or rejection by the early voting ballot board of a person's marked ballot; and
(4)  allow a voter to add or correct information required under Section 84.002(a)(1-a) or Section 86.002(g).
(d)  The secretary of state shall adopt rules and prescribe procedures as necessary to implement this section.
(e)  The information contained in Subsection (c) is not public information for purposes of Chapter 552, Government Code, until after election day.
Added by Acts 2021, 87th Leg., R.S., Ch. 317 (H.B. 1382), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.10, eff. December 2, 2021.
Acts 2023, 88th Leg., R.S., Ch. 799 (H.B. 357), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter A. Early Voting Ballot Board › Section 87.001. Board Created; Jurisdiction

Sec. 87.001.  BOARD CREATED;  JURISDICTION.  An early voting ballot board shall be created in each election to process early voting results from the territory served by the early voting clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.14;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter A. Early Voting Ballot Board › Section 87.002. Composition of Board

Sec. 87.002.  COMPOSITION OF BOARD.  (a) The early voting ballot board consists of a presiding judge, an alternate presiding judge, and at least one other member.
(b)  Except as provided by Subsection (d), the presiding judge and the alternate presiding judge are appointed in the same manner as a presiding election judge and alternate presiding election judge, respectively.  Except as provided by Subsection (c), each other member is appointed by the presiding judge in the same manner as the precinct election clerks.
(c)  In the general election for state and county officers, each county chair of a political party with nominees on the general election ballot shall submit to the county election board a list of names of persons eligible to serve on the early voting ballot board in order of the county chair's preference.  The county election board shall appoint at least one person from each list to serve as a member of the early voting ballot board.  The same number of members must be appointed from each list.  The county election board shall appoint persons as members of the early voting ballot board in the order of preference indicated on each list.
(d)  In addition to the members appointed under Subsection (c), the county election board shall appoint as the presiding judge the highest-ranked person on the list provided under that subsection by the political party whose nominee for governor received the most votes in the county in the most recent gubernatorial general election and as the alternate presiding judge the highest-ranked person on the list provided under that subsection by the political party whose nominee for governor received the second most votes in the county in the most recent gubernatorial general election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.14;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1381, Sec. 19, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.14, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter A. Early Voting Ballot Board › Section 87.003. Eligibility for Board Membership

Sec. 87.003.  ELIGIBILITY FOR BOARD MEMBERSHIP.  To be eligible for appointment to the early voting ballot board, a person must meet the requirements for eligibility for service as a presiding election judge, except that the appointee must be a qualified voter of the territory served by the early voting clerk and is not required to be a qualified voter of any other particular territory.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.14;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter A. Early Voting Ballot Board › Section 87.0031. Training

Sec. 87.0031.  TRAINING.  The secretary of state shall provide a standardized training program and materials for members of an early voting ballot board in the same manner it provides such a program under Subchapter F, Chapter 32.
Added by Acts 2023, 88th Leg., R.S., Ch. 415 (H.B. 1632), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter A. Early Voting Ballot Board › Section 87.004. Board Composed of Precinct Election Officers

Sec. 87.004.  BOARD COMPOSED OF PRECINCT ELECTION OFFICERS.  In an election other than the general election for state and county officers or a primary election, the authority ordering the election may direct by resolution, order, or other official action that the precinct election officers serving one of the election precincts also serve as the early voting ballot board for the election.  In that case, the presiding election judge of the precinct serves as the board's presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.14;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter A. Early Voting Ballot Board › Section 87.005. Compensation of Members

Sec. 87.005.  COMPENSATION OF MEMBERS.  (a)  Members of the early voting ballot board are entitled to the same compensation as presiding election judges, except that:
(1)  the presiding judge may be compensated at a higher rate at the discretion of the appropriate authority; and
(2)  if the board concludes its work in less than 10 hours, the members may be paid greater compensation than that regularly payable for the amount of time worked, but not to exceed the amount payable for 10 hours' work.
(b)  Precinct officers serving as board members under Section 87.004 may not be compensated for both positions.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.14;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 438 (S.B. 1418), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter A. Early Voting Ballot Board › Section 87.006. Early Voting Ballot Board Members: Oath and Identification

Sec. 87.006.  EARLY VOTING BALLOT BOARD MEMBERS: OATH AND IDENTIFICATION.  (a)  A member of the early voting ballot board shall repeat the following oath aloud:
"I swear (or affirm) that I will objectively work to be sure every eligible voter's vote is accepted and counted, and that only the ballots of those voters who violated the Texas Election Code will be rejected.  I will make every effort to correctly reflect the voter's intent when it can be clearly determined.  I will not work alone when ballots are present and will work only in the presence of a member of a political party different from my own.  I will faithfully perform my duty as an officer of the election and guard the purity of the election."
(b)  A member of the early voting ballot board who arrives after the oath is made shall repeat the oath aloud before performing any duties as a member.
(c)  Following administration of the oath, each member of the early voting ballot board shall be issued a form of identification, prescribed by the secretary of state, to be displayed by the member during the member's hours of service on the board.
Added by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.021. Ballots and Other Materials Delivered to Board

Sec. 87.021.  BALLOTS AND OTHER MATERIALS DELIVERED TO BOARD.  The early voting clerk shall deliver to the early voting ballot board:
(1)  in an election in which regular paper ballots are used for early voting by personal appearance, each ballot box, in accordance with Section 85.032(b), containing the early voting ballots voted by personal appearance and the clerk's key to each box;
(2)  the jacket envelopes containing the early voting ballots voted by mail, regardless of the ballot type or voting system used;
(3)  the poll lists prepared in connection with early voting by personal appearance;
(4)  the list of registered voters used in conducting early voting; and
(5)  a ballot transmittal form that includes a statement of the number of early voting ballots voted by mail, regardless of the ballot type or voting system used, that are delivered to the early voting ballot board, and in an election in which regular paper ballots are used for early voting by personal appearance, the number of names appearing on the poll lists prepared in connection with early voting by personal appearance.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 562, Sec. 2, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 1.21;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.0211. Electronic Delivery of Materials Recorded Electronically

Sec. 87.0211.  ELECTRONIC DELIVERY OF MATERIALS RECORDED ELECTRONICALLY.  If ballot materials and ballot applications are recorded electronically as provided by Section 87.126, the early voting clerk may deliver those materials to the early voting ballot board through electronic means.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 18, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.022. Time of Delivery: General Rule

Sec. 87.022.  TIME OF DELIVERY:  GENERAL RULE.  Except as provided by Section 87.0221, 87.0222, 87.023, or 87.024, the materials shall be delivered to the early voting ballot board under this subchapter during the time the polls are open on election day, or as soon after the polls close as practicable, at the time or times specified by the presiding judge of the board.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.22;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 88 (S.B. 895), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.0221. Time of Delivery: Paper Ballots

Sec. 87.0221.  TIME OF DELIVERY:  PAPER BALLOTS.  (a)  In an election in which regular paper ballots are used for early voting by personal appearance or by mail, the materials may be delivered to the board between the end of the period for early voting by personal appearance and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge of the board.
(b)  The early voting clerk shall post notice of each delivery of materials under this section that is to be made before the time for opening the polls on election day.  The notice shall be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.
(c)  At least 24 hours before each delivery, the early voting clerk shall notify the county chair of each political party having a nominee on the ballot of the time the delivery is to be made.
Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.23.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 78, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 19, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.0222. Time of Delivery: Ballots Voted by Mail

Sec. 87.0222.  TIME OF DELIVERY: BALLOTS VOTED BY MAIL.  (a)  Except as provided by Subsection (a-1), not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail shall be delivered to the board.
(a-1)  Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots under Subsection (a) may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge.
(b)  The early voting clerk shall post notice of each delivery of balloting materials under this section that is to be made before the time for opening the polls on election day.  The notice shall be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.
(c)  At least 24 hours before each delivery made before the time for opening the polls on election day, the early voting clerk shall notify the county chair of each political party having a nominee on the ballot of the time the delivery is to be made.
Added by Acts 2005, 79th Leg., Ch. 88 (S.B. 895), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 238 (S.B. 383), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 62, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle A - Early Voting › Chapter 87 - Processing Early Voting Results › Subchapter B. Delivering Materials to Board › Section 87.0223. Time of Delivery: Ballots Sent Out by Regular Mail and E-Mail

Sec. 87.0223.  TIME OF DELIVERY:  BALLOTS SENT OUT BY REGULAR MAIL AND E-MAIL.  (a)  If the early voting clerk has provided a voter a ballot to be voted by mail by both regular mail and e-mail under Subchapter C, Chapter 101, the clerk may not deliver a jacket envelope containing the early voting ballot voted by mail by the voter to the board until:
(1)  both ballots are returned; or
(2)  the deadline for returning marked ballots under Section 86.007 has passed.
(b)  If both the ballot provided by regular mail and the ballot provided by e-mail are returned before the deadline, the early voting clerk shall deliver only the jacket envelope containing the ballot provided by e-mail to the board.  The ballot provided by regular mail is considered to be a ballot not timely returned.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 10, eff. September 1, 2011.