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