ELECTION CODE
CHAPTER 86. CONDUCT OF VOTING BY MAIL
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 26, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1381, § 13,
eff. Sept. 1, 1997.
§ 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.
Text of subsec. (f) added by Acts 2003, 78th Leg., ch. 620, § 1
(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.
Text of subsec. (f) added by Acts 2003, 78th Leg., ch. 1315, §
43, effective January 1, 2004
(f) For an election for a federal office, if the list of
registered voters indicates that the voter did not provide a copy of
a document described by Section 63.0101 establishing the voter's
identity at the time of initial registration by mail, the clerk
shall provide with the balloting materials notice to the voter that
the voter must provide a copy of a document described by Section
63.0101 establishing the voter's identity when returning the
ballot. The secretary of state shall prescribe the form of the
notice. This subsection expires on the earlier of:
(1) January 1, 2006; or
(2) the date the secretary of state certifies that the
statewide computerized voter registration list has been
implemented.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 8(b), eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 472, § 27, eff. Sept. 1, 1987; Acts 1991,
72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch. 554, §
1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 916, § 25, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 797, § 41, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 620, § 1, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1315, § 43, eff. Jan. 1, 2004.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 565, §
4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 14, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, § 23, eff. Sept.
1, 2003.
§ 86.004. TIME FOR PROVIDING BALLOT TO VOTER. 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 393, §
12, eff. Sept. 1, 2003.
§ 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.
(f) If the voter is required to provide a copy of a document
described by Section 63.0101 establishing the voter's identity, the
voter shall include the copy in the official carrier envelope. This
subsection expires on the expiration of Section 86.002(f).
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1315,
§ 44, eff. Jan. 1, 2004.
§ 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, § 13, eff. Sept. 1, 2003.
§ 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, it is an affirmative defense to prosecution under this
subsection that the person, 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 431, § 1, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 472, § 28, eff. Sept. 1, 1987; Acts 1991,
72nd Leg., ch. 203, § 1.18; Acts 1991, 72nd Leg., ch. 554, §
1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1381, § 15, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, § 14, eff. Sept. 1,
2003.
§ 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.
(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)(A).
(g) The secretary of state shall prescribe procedures as
necessary to implement Subsection (d).
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 29, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349, § 38,
eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, § 24, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 1, § 4, eff.
Jan. 11, 2004.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 30, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, § 75,
eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, §
76, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1381,
§ 16, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, § 15,
eff. Sept. 1, 2003.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 31, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 1.19; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, § 77,
eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.12; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.20; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1381,
§ 17, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, § 16,
eff. Sept. 1, 2003.
§ 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, § 32, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 203, § 2.12; Acts 1991,
72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 565, § 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
1381, § 18, eff. Sept. 1, 1997.
